690 Federal Register / Vol. 78, No. 3 / Friday, January 4, 2013 / Notices 

Estimated total annual burden on 

respondents: 6,200 hours. (Due to 

averaging, the total annual burden hours 

may not equal the product of the annual 

number of responses multiplied by the 

reporting burden per response.) 

All responses to this notice will be 

summarized and included in the request 

for OMB approval. All comments will 

also become a matter of public record. 

Done in Washington, DC, this 13th day of 

December 2012. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2012–31567 Filed 1–3–13; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2011–0079] 

Guidelines for the Control of 

Tuberculosis in Elephants 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice of Availability. 

SUMMARY: We are advising the public 

that the Animal and Plant Health 

Inspection Service intends to use the 

2010 guidelines issued by the United 

States Animal Health Association to 

assess compliance with the animal 

welfare regulations as related to 

elephant tuberculosis as well as to aid 

users in their compliance with those 

regulations. We accept these guidelines 

as meeting the requirements in the 

Animal Welfare Act and are making 

them available for review. We welcome 

comment on our intention to utilize the 

guidelines as a means of assessing 

compliance with our regulations. 

DATES: We will consider all comments 

that we receive on or before March 5, 

2013. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/#!document

Detail;D=APHIS-2011-0079-0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2011–0079, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road Unit 118, 

Riverdale, MD 20737–1238. 

The guidelines and any comments we 

receive on this docket may be viewed at 

http://www.regulations.gov/#!docket

Detail;D=APHIS-2011-0079 or in our 

reading room, which is located in Room 

1141 of the USDA South Building, 14th 

Street and Independence Avenue SW., 

Washington, DC. Normal reading room 

hours are 8 a.m. to 4:30 p.m., Monday 

through Friday, except holidays. To be 

sure someone is there to help you, 

please call (202) 799–7039 before 

coming. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Barbara Kohn, Senior Staff Veterinarian, 

Animal Care, APHIS, 4700 River Road 

Unit 84, Riverdale, MD 20737–1234; 

(301) 851–3751. 

SUPPLEMENTARY INFORMATION: 

Background 

The Animal Welfare Act (7 U.S.C. 

2131–2159, AWA) authorizes the 

Secretary of Agriculture (the Secretary) 

to promulgate rules and standards and 

other requirements governing the 

humane handling, housing, care, 

treatment, and transportation of certain 

animals by dealers, exhibitors, research 

facilities, and other regulated entities. 

The Secretary has delegated the 

responsibility for enforcing the AWA to 

the Administrator of the Animal and 

Plant Health Inspection Service 

(APHIS). The APHIS Animal Care 

program ensures compliance with AWA 

regulations and standards. Regulations 

established under the AWA are 

contained in 9 CFR parts 1, 2, and 3. 

Currently, part 2 consists of subparts A 

through I, which contain regulations 

pertaining to licensing and registration 

of dealers, exhibitors, and research 

facilities, and standards for veterinary 

care, identification of animals, and 

recordkeeping. 

The Attending Veterinarian and 

Adequate Veterinary Care regulations 

contained in Subpart C and Subpart D 

are performance standards that do not 

prescribe specific measures to be 

undertaken in order to be in compliance 

with those regulations. Pursuant to the 

regulations, research facilities, dealers, 

and exhibitors are required to provide 

‘‘adequate veterinary care’’ to the 

animals in their custody. A research 

facility, dealer, or exhibitor that 

employs a part-time attending 

veterinarian (rather than a full-time 

attending veterinarian) must do so 

under ‘‘formal arrangements’’ that ‘‘shall 

include a written program of veterinary 

care.’’ Each research facility, dealer, and 

exhibitor is required to ‘‘establish and 

maintain programs of adequate 

veterinary care.’’ In 1998, APHIS 

adopted the use of a document entitled 

‘‘Guidelines for the Control of 

Tuberculosis in Elephants’’ developed 

by The National Tuberculosis Working 

Group for Zoo and Wildlife Species in 

order to address the emerging issue of 

tuberculosis in elephants and to provide 

the licensees and registrants with 

concrete ways to meet the standards 

established in subpart D with regard to 

elephant tuberculosis. This guidance 

document has been modified at various 

times since then in order to incorporate 

new information and to improve 

recommended practices. These 

guidelines have been utilized by APHIS 

to monitor and address elephant 

tuberculosis under the AWA. 

In November 2010, the Tuberculosis 

Committee of the United States Animal 

Health Association (USAHA), which has 

taken over administration of the 

guidelines from The National 

Tuberculosis Working Group for Zoo 

and Wildlife Species, approved 

revisions to the guidelines. Following 

the release of the 2010 revised 

guidelines, USAHA submitted a 

recommendation to APHIS for the 

implementation of the newest version of 

the guidelines, ‘‘Guidelines for the 

Control of Tuberculosis in Elephants 

2010.’’ We have reviewed the revised 

guidelines and find them to be in line 

with the requirements of the AWA. We 

have determined that the 2010 

guidelines are useful to determine 

whether research facilities, dealers, and 

exhibitors meet the regulations’ 

minimum requirements for the 

provision of ‘‘adequate veterinary care’’ 

to elephants and the establishment and 

maintenance of programs of adequate 

veterinary care for elephants with 

respect to tuberculosis. We have 

therefore determined that it is 

appropriate for APHIS to continue to 

utilize these guidelines to assess 

compliance with the regulations in 9 

CFR subparts C and D. We welcome 

comments from the public regarding 

this determination to use the guidelines 

in this manner. Given that APHIS is not 

the author of the document, we are 

unable to make changes to specific 

provisions contained in the guidelines. 

Accordingly, we are seeking comments 

on the overall suitability of the 

document as a means of assessing 

compliance with our regulations in 9 

CFR subparts C and D. 

Copies of the document are available 

on the Internet via the Federal 

eRulemaking Portal at http:// 

www.regulations.gov/ 

#!docketDetail;D=APHIS-2011-0079, on 

the Animal Care Web site at http:// 

www.aphis.usda.gov/animal_welfare/ 

index.shtml, or from the person listed 

under FOR FURTHER INFORMATION

CONTACT. 

mstockstill on DSK4VPTVN1PROD with 

Federal Register / Vol. 78, No. 3 / Friday, January 4, 2013 / Notices 691 

Done in Washington, DC, this 20th day of 

December 2012. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2012–31644 Filed 1–3–13; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Rural Business-Cooperative Service 

Guarantee Fee Rates for Guaranteed 

Loans for Fiscal Year 2013; Maximum 

Portion of Guarantee Authority 

Available for Fiscal Year 2013; Annual 

Renewal Fee for Fiscal Year 2013 

AGENCY: Rural Business-Cooperative 

Service, USDA. 

ACTION: Notice. 

SUMMARY: As set forth in 7 CFR 

4279.107, the Agency has the authority 

to charge an initial guarantee fee and an 

annual renewal fee for loans made 

under the Business and Industry (B&I) 

Guaranteed Loan Program. Pursuant to 

that authority, the Agency is 

establishing the renewal fee rate at onehalf of 1 percent for the B&I Guaranteed 

Loan Program. This rate will apply to all 

loans obligated in Fiscal Year (FY) 2013 

that are made under the B&I program. 

As established in 7 CFR 4279.107(b)(1), 

the amount of the fee on each 

guaranteed loan will be determined by 

multiplying the fee rate by the 

outstanding principal loan balance as of 

December 31, multiplied by the percent 

of guarantee. 

The Agency was authorized by the 

2012 Appropriations Bill to charge a 

maximum of 3 percent for it guarantee 

fee for FY 2012. It is the Agency’s 

expectation that the 2013 

Appropriations Bill will contain the 

same authorization to charge a 

maximum of 3 percent for its guarantee 

fee for FY 2013. As such, the guarantee 

fee for FY 2013 will be 3 percent. In the 

event the 2013 Appropriations Bill 

reduces the fee authorization below 3 

percent, a subsequent notice will be 

published in the Federal Register 

amending the guarantee fee for FY 2013. 

As set forth in 7 CFR 4279.107(a) and 

4279.119(b)(4), each fiscal year, the 

Agency shall establish a limit on the 

maximum portion of B&I guarantee 

authority available for that fiscal year 

that may be used to guarantee loans 

with a reduced guarantee fee or 

guaranteed loans with a guarantee 

percentage exceeding 80 percent. 

Allowing a reduced guarantee fee or 

exceeding the 80 percent guarantee on 

certain B&I guaranteed loans that meet 

the conditions set forth in 7 CFR 

4279.107 and 4279.119 will increase the 

Agency’s ability to focus guarantee 

assistance on projects which the Agency 

has found particularly meritorious. For 

reduced guarantee fees, the borrower’s 

business must support value-added 

agriculture and result in farmers 

benefiting financially or must be a high 

impact business investment as defined 

in 7 CFR 4279.155(b)(5) and be located 

in rural communities that experience 

long-term population decline and job 

deterioration, remain persistently poor, 

are experiencing trauma as a result of 

natural disaster, or are experiencing 

fundamental structural changes in its 

economic base. For guaranteed loans 

exceeding 80 percent, such projects 

must qualify as a high-priority project (a 

requirement of 7 CFR 4279.119(b)), 

scoring at least 50 points in accordance 

with 7 CFR 4279.155(b). 

Not more than 12 percent of the 

Agency’s quarterly apportioned B&I 

guarantee authority will be reserved for 

loan requests with a reduced fee, and 

not more than 15 percent of the 

Agency’s quarterly apportioned 

guarantee authority will be reserved for 

guaranteed loan requests with a 

guarantee percentage exceeding 80 

percent. Once the respective quarterly 

limits are reached, all additional loans 

for that quarter will be at the standard 

fee and guarantee limits. 

DATES: Effective Date: January 4, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Brenda Griffin, USDA, Rural 

Development, Business Programs, 

Business and Industry Division, STOP 

3224, 1400 Independence Avenue SW., 

Washington, DC 20250–3224, telephone 

(202) 720–6802, email 

brenda.griffin@wdc.usda.gov. 

SUPPLEMENTARY INFORMATION: This 

action has been reviewed and 

determined not to be a rule or regulation 

as defined in Executive Order 12866, as 

amended by Executive Order 13258. 

Dated: December 4, 2012. 

Lillian Salerno, 

Acting Administrator, Rural BusinessCooperative Service. 

[FR Doc. 2012–31711 Filed 1–3–13; 8:45 am] 

BILLING CODE 3410–XY–P 

DEPARTMENT OF AGRICULTURE 

Rural Business-Cooperative Service 

Maximum Loan Amount for Business 

and Industry Guaranteed Loans in 

Fiscal Year 2013 

AGENCY: Rural Business-Cooperative 

Service, USDA. 

ACTION: Notice. 

SUMMARY: Section 4279.119(a)(1) of 7 

CFR allows the Rural BusinessCooperative Service Administrator, at 

the Administrator’s discretion, to grant 

an exception to the $10 million limit for 

Business and Industry (B&I) guaranteed 

loans of $25 million or less under 

certain circumstances. Due to the 

limited program funds that are expected 

for Fiscal Year (FY) 2013 for the B&I 

Guaranteed Loan Program, the 

Administrator has decided to only grant 

exceptions to the $10 million loan limit 

for existing B&I guaranteed loan 

borrowers that meet certain criteria. 

Limiting the maximum loan amount 

will enable the Agency to provide 

financing assistance to as many projects 

as possible. In order for an existing B&I 

guaranteed loan borrower to be granted 

an exception to the $10 million loan 

limit, they must meet the following 

criteria: (1) Qualify as a high priority 

project (a requirement of 7 CFR 

4279.119(a)(1)(i)), scoring at least 50 

points in accordance with the criteria in 

7 CFR 4279.155(b); (2) have an existing 

B&I loan that has been current for the 

past 12 months without such status 

being achieved through debt 

forgiveness; and (3) not be requesting a 

refinance of the existing B&I loan. All 

other requirements of 7 CFR 4279.119(a) 

must be met. Limiting exceptions to the 

$10 million limit will allow the Agency 

to guarantee more loans and target 

smaller loans/projects impacting more 

small businesses and will assist the 

Agency to conserve scarce funding 

dollars at a time when there is 

unprecedented interest in the program. 

DATES: Effective Date: January 4, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Brenda Griffin, email 

brenda.griffin@wdc.usda.gov, Rural 

Development, Business Programs, 

Business and Industry Division, STOP 

3224, 1400 Independence Avenue SW., 

Washington, DC 20250–3224, telephone 

(202) 720–6802. 

SUPPLEMENTARY INFORMATION: This 

action has been reviewed and 

determined not to be a rule or regulation 

as defined in Executive Order 12866 as 

amended by Executive Order 13258. 

Dated: October 3, 2012. 

Lillian Salerno, 

Acting Administrator, Rural BusinessCooperative Service. 

[FR Doc. 2012–31713 Filed 1–3–13; 8:45 am] 

BILLING CODE 3410–XY–P 

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